33 Am. Crim. L. Rev. 411 (1995-1996)
Factories with Fences: An Analysis of the Prison Industry Enhancement Certification Program in Historical Perspective

handle is hein.journals/amcrimlr33 and id is 425 raw text is: FACTORIES WITH FENCES: AN ANALYSIS OF THE PRISON
INDUSTRY ENHANCEMENT CERTIFICATION PROGRAM IN
HISTORICAL PERSPECTIVE*
James J. Misrahi**
I.  INTRODUCTION  .......................................   411
II. PRIVATE SECTOR INVOLVEMENT IN PRISON INDUSTRY IN THE
NINETEENTH  CENTURY ..................................    413
A. The Congregate and Separate  Systems ................ 413
B. Forms of Private Sector Involvement .................... 415
III. DECLINE OF PRIVATE SECTOR INVOLVEMENT IN PRISON INDUSTRY.. 416
IV. REEMERGENCE OF THE PRIVATE SECTOR: PRISON INDUSTRY
ENHANCEMENT (PIE) CERTIFICATION PROGRAM .................. 419
A. Provisions and Goals of the PIE Program ................. 420
B. Models of Private Sector Involvement .................... 422
V. How THE PIE PROGRAM HAS OVERCOME THE HISTORICAL
DIFFICULTIES ASSOCIATED WITH PRIVATE SECTOR INVOLVEMENT IN
PRISON INDUSTRY BY REPLICATING A REAL WORLD WORKING
ENVIRONMENT  ........................................     423
A. Specific Benefits of the PIE Program to the Main Interest Groups
Involved in Prison Industry ............................  425
B.  Convict Laborer ....................................  425
C.  Private  Contractor ..................................  430
D.  Free  Laborer ......................................  432
E. Legislators and Prison Administrators .................... 433
F.  The  Public  ........................................  434
V I.  CONCLUSION  .........................................   435
I. INTRODUCTION
During the past fifteen years the criminal justice system has undergone a
significant revolution in which retributive schemes of justice, as opposed to
* The late Chief Justice Warren Burger was the originator of the factories with fences label. See Dan Pilcher,
STATE CORRECTIONAL INDUSTRIES: CHOOSING GOALS, ACCEPTING TRADEOFFS, NATIONAL CONFERENCE OF STATE
LEGISLATuRES 2 (1989) (Burger's basic concept was that prisons should be a self-sufficient model of the outside
world.).
** J.D., 1996, Georgetown University Law Center; B.A., 1992, University of Florida. I would like to thank my
friends and collegues, Linda Reese, Holly Wheeler, and Peymdn Farzinpour, for their encouragement and support
during the writing of this Note. I would also like to thank my family for their continued guidance and inspiration.

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